22552 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices 

The purpose of the planning meeting is 

to plan future activities. 

Members of the public are entitled to 

submit written comments; the 

comments must be received in the 

regional office by Monday June 14, 

2010. The address is the Eastern 

Regional Office, 624 Ninth Street, NW., 

Suite 740, Washington, DC 20425. 

Persons wishing to e-mail their 

comments, or who desire additional 

information should contact the Eastern 

Regional Office at 202–376–7533 or by 

e-mail to: ero@usccr.gov. 

Hearing-impaired persons who will 

attend the meeting and require the 

services of a sign language interpreter 

should contact the Regional Office at 

least ten (10) working days before the 

scheduled date of the meeting. 

Records generated from this meeting 

may be inspected and reproduced at the 

Eastern Regional Office, as they become 

available, both before and after the 

meeting. Persons interested in the work 

of this advisory committee are advised 

to go to the Commission’s Web site, 

http://www.usccr.gov, or to contact the 

Eastern Regional Office at the above 

e-mail or street address. 

The meeting will be conducted 

pursuant to the rules and regulations of 

the Commission and FACA. 

Dated in Washington, DC, 26 April, 2010. 

Peter Minarik, 

Acting Chief, Regional Programs 

Coordination Unit. 

[FR Doc. 2010–9958 Filed 4–28–10; 8:45 am] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–807] 

Certain Steel Concrete Reinforcing 

Bars from Turkey; Notice of Amended 

Final Results Pursuant to Court 

Decisions 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In June and November 2009 

and January 2010, the United States 

Court of International Trade (CIT) 

sustained three final remand 

redeterminations made by the 

Department of Commerce (the 

Department) in the 2003–2004 

administrative review of certain steel 

concrete of reinforcing bars (rebar) from 

Turkey. See Habas Sinai ve Tibbi Gazlar 

Istihsal Endustrisi A.S. v. United States, 

Court No. 05–00613, Slip Op. 09–55 

(June 15, 2009) (Habas I); Habas Sinai 

ve Tibbi Gazlar Istihsal Endustrisi A.S. 

v. United States, Court No. 05–00613, 

Slip Op. 09–133 (Nov. 23, 2009) (Habas 

II); and Nucor Corporation, Gerdau 

Ameristeel Corporation, and 

Commercial Metals Company v. United 

States and Icdas Celik Enerji Tersane ve 

Ulasim Sanayi A.S., Court No. 05– 

00616, Slip Op. 10–6 (Jan. 19, 2010) 

(ICDAS). Because all litigation for this 

administrative review has now 

concluded, the Department is issuing its 

amended final results in accordance 

with the CIT’s decisions. 

EFFECTIVE DATE: April 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Eastwood, AD/CVD 

Operations, Office 2, Import 

Administration – International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC, 20230; 

telephone (202) 482–3874. 

Background 

In accordance with sections 751(a)(1) 

and 777(i)(1) of the Tariff Act of 1930, 

as amended (the Act), on November 8, 

2005, the Department published its 

notice of final results in the 

antidumping duty administrative review 

of rebar from Turkey for the period of 

review (POR) of April 1, 2003, through 

March 31, 2004. See Certain Steel 

Concrete Reinforcing Bars From Turkey; 

Final Results, Rescission of 

Antidumping Duty Administrative 

Review in Part, and Determination To 

Revoke in Part, 70 FR 67665 (Nov. 8, 

2005) (Final Results). 

In the Final Results the Department 

followed its normal practice of using 

POR weighted–average costs in its 

margin calculation for all companies, 

instead of quarterly–average costs as 

requested by Habas and ICDAS. The 

Department also based the U.S. date of 

sale for Habas on the earlier of shipment 

date or invoice date and the U.S. date 

of sale for ICDAS on contract date. 

Subsequent to the final results, Habas 

and ICDAS contested the Department’s 

decision to use POR costs, Habas 

contested the Department’s decision to 

use invoice date as its U.S. date of sale, 

and the domestic industry, among other 

arguments, challenged the Department’s 

decision to use invoice date as ICDAS’s 

date of sale. 

On November 18, 2005, the 

Department requested a voluntary 

remand in order to reconsider the date– 

of-sale issue for ICDAS. On December 

15, 2005, the CIT granted the 

Department’s request to reconsider 

whether, based upon the record 

evidence, the Department reasonably 

applied its date–of-sale methodology to 

the facts at issue. See Nucor 

Corporation, Gerdau Ameristeel 

Corporation, and Commercial Metals 

Company v. United States, Court No. 

05–00616 (Dec. 15, 2005). On January 

31, 2006, the Department issued its final 

results of redetermination, in which it 

found that the invoice date was the 

appropriate date of sale for ICDAS’s U.S. 

sales. See Nucor Corporation, Gerdau 

Ameristeel Corporation, and 

Commercial Metals Company v. United 

States; Final Results of Redetermination 

Pursuant to Court Remand (Jan. 31, 

2006). 

On November 15, 2007, the CIT 

remanded for reconsideration Habas’ 

date of sale and quarterly cost issues. 

See Habas Sinai ve Tibbi Gazlar Istihsal 

Endustrisi A.S. v. United States, Court 

No. 05–00613, Slip Op. 07–167 (Nov. 

15, 2007). On March 3, 2008, the 

Department issued its final results of 

redetermination pursuant to the CIT’s 

November 15, 2007, remand order, 

finding that the contract date was the 

more appropriate date of sale and 

providing additional justification for 

relying on POR costs. See Habas Sinai 

ve Tibbi Gazlar Istihsal Endustrisi A.S. 

v. United States; Final Results of 

Redetermination Pursuant to Court 

Remand (Mar. 3, 2008). 

On March 24, 2009, the CIT again 

remanded the ICDAS date of sale issue 

to the Department, requiring that the 

Department provide a more in–depth 

analysis as to the reason the use of 

invoice date was appropriate. The CIT 

also remanded two additional issues, at 

the Department’s request, related to the 

calculation of ICDAS’s cost of 

production (COP) and the universe of 

U.S. sales examined in the review. See 

Nucor Corporation, Gerdau Ameristeel 

Corporation, and Commercial Metals 

Company, v. United States, Court No. 

05–00616, Slip Op. 09–20 (March 24, 

2009). 

On June 15, 2009, the CIT affirmed 

the Department’s determination to use 

contract date as the date of sale for 

Habas’ U.S. sales. See Habas I. However, 

the CIT also determined that the 

Department’s analysis of Habas’ COP 

(i.e., quarterly costs vs. annual 

weighted–average costs) in the Final 

Results was not supported by 

substantial evidence on the record, and 

the court remanded this issue to the 

Department once again for additional 

reconsideration. Id. 

On September 8, 2009, and November 

6, 2009, respectively, the Department 

issued its final results of 

redetermination pursuant to the CIT’s 

June 15, 2009, and March 24, 2009, 

rulings. See Habas Sinai Tibbi Gazlar 

Istihsal Endustrisi A.S. v. United States, 

Final Results of Redetermination 

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Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices 22553 

Pursuant to Court Remand (Sept. 8, 

2009) and Nucor Corporation, Gerdau 

Ameristeel Corporation, and 

Commercial metals Company v. United 

Sates, Final Results of Redetermination 

Pursuant to Court Remand (Nov. 6, 

2009). In both remand redeterminations, 

the Department reconsidered the 

appropriateness of using POR cost data, 

and consistent with the court’s orders, 

recalculated the margin for both 

companies using quarterly costs. In 

addition, in its November 6, 2009, 

redetermination, the Department 

provided additional justification for its 

date of sale methodology for ICDAS, as 

well as for its methodology of defining 

the universe of reviewed transactions. 

On November 23, 2009, and January 

19, 2010, respectively, the CIT found 

that the Department complied with its 

remand orders and sustained the 

Department’s remand redeterminations 

in all respects. See Habas II and ICDAS. 

On December 4, 2009, and February 

12, 2010, respectively, consistent with 

the decision of the United States Court 

of Appeals for the Federal District in 

Timken Co. v. United States, 893 F.2d 

337 (Fed. Cir. 1990), the Department 

notified the public that the CIT’s 

decisions were ‘‘not in harmony’’ with 

the Department’s Final Results. See 

Certain Steel Concrete Reinforcing Bars 

from Turkey: Notice of Court Decision 

Not in Harmony with Final Results of 

Administrative Review, 74 FR 65515 

(Dec. 10, 2009) and Certain Steel 

Concrete Reinforcing Bars from Turkey: 

Notice of Court Decision Not in 

Harmony with Final Results of 

Administrative Review, 75 FR 7562 

(Feb. 22, 2010) (Collectively, Rebar 

Timken Notices). No party appealed 

either of the CIT’s judgments. Because 

there are now final and conclusive 

decisions in the Court proceedings as 

explained in the Rebar Timken Notices, 

we are issuing amended final results to 

reflect the results of the remand 

determinations. 

Amended Final Results of Review 

We are amending the final results of 

the 2003–2004 administrative review of 

the antidumping duty order on rebar 

from Turkey to revise the weighted– 

average margin for Habas from 26.07 

percent to 5.58 percent, and to revise 

the weighted–average margin for ICDAS 

from 0.16 percent to 0.70 percent. 

Assessment 

The Department shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. 

Pursuant to 19 CFR 351.106(c)(2), we 

will instruct CBP to liquidate without 

regard to antidumping duties any 

entries for which the assessment rate is 

de minimis (i.e., less than 0.50 percent). 

The Department will issue appraisement 

instructions directly to CBP. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: April 23, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–10024 Filed 4–28–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Technology Innovation Program 

Advisory Board 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Technology Innovation 

Program Advisory Board, National 

Institute of Standards and Technology 

(NIST) will meet in open session on 

Tuesday, May 11, 2010, from 8:30 a.m. 

to 3:15 p.m. Eastern daylight savings 

time. 

DATES: The meeting will convene 

Tuesday, May 11, at 8:30 a.m. and will 

adjourn at 3:15 p.m. 

ADDRESSES: The meeting will be held at 

the National Institute of Standards and 

Technology, Advanced Measurement 

Laboratory, Building 215, Room C103, 

Gaithersburg, Maryland 20899. Please 

note admittance instructions under the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Rene Cesaro, National Institute of 

Standards and Technology, 

Gaithersburg, Maryland 20899, 

telephone number (301) 975–2162. 

Rene’s e-mail address is 

rene.cesaro@nist.gov. 

SUPPLEMENTARY INFORMATION: The 

Technology Innovation Program (TIP) 

Advisory Board is composed of ten 

members appointed by the Director of 

NIST who are eminent in such fields as 

business, research, science and 

technology, engineering, education, and 

management consulting. The purpose of 

this meeting is to review and make 

recommendations regarding general 

policy for the Technology Innovation 

Program, its organization, its budget, 

and its programs within the framework 

of applicable national policies as set 

forth by the President and the Congress. 

The agenda will include a TIP update, 

a presentation on the TIP selection 

process, and a discussion of potential 

critical national need areas for future 

funding. The agenda may change to 

accommodate Board business. The final 

agenda will be posted on the TIP Web 

site at: http://www.nist.gov/tip/. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions related to the 

Board’s affairs are invited to request a 

place on the agenda. On May 11, 2010, 

approximately one-half hour will be 

reserved for public comments, and 

speaking times will be assigned on a 

first-come, first-serve basis. The amount 

of time per speaker will be determined 

by the number of requests received, but 

is likely to be about three minutes each. 

Questions from the public will not be 

considered during this period. Speakers 

who wish to expand upon their oral 

statements, those who had wished to 

speak but could not be accommodated 

on the agenda, and those who were 

unable to attend in person are invited to 

submit written statements to the TIP 

Advisory Board, National Institute of 

Standards and Technology, 100 Bureau 

Drive, MS 4700, Gaithersburg, Maryland 

20899, via fax at (301) 975–4032, or 

electronically by e-mail to 

(lorel.wisniewski@nist.gov). 

All visitors to the National Institute of 

Standards and Technology site will 

have to pre-register to be admitted. 

Please submit your name, time of 

arrival, e-mail address and phone 

number to Rene Cesaro no later than 

Friday, May 7, and she will provide you 

with instructions for admittance. Ms. 

Cesaro’s e-mail address is 

rene.cesaro@nist.gov and her phone 

number is (301) 975–2162. 

Dated: April 20, 2010. 

Marc G. Stanley, 

Acting Deputy Director. 

[FR Doc. 2010–9494 Filed 4–28–10; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Materials Technical Advisory 

Committee; Notice of Partially Closed 

Meeting 

The Materials Technical Advisory 

Committee will meet on May 13, 2010, 

10 a.m., Herbert C. Hoover Building, 

Room 3884, 14th Street between 

Constitution & Pennsylvania Avenues, 

NW., Washington, DC. The Committee 

advises the Office of the Assistant 

Secretary for Export Administration 

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